SUDANO v. COLLIER COUNTY SHERIFF OFFICE FLORIDA SHERIFF RISK MANAGEMENT FUND (2024)

District Court of Appeal of Florida, First District.

Brian SUDANO, Appellant, v. COLLIER COUNTY SHERIFF'S OFFICE/FLORIDA SHERIFF'S RISK MANAGEMENT FUND, Appellees.

No. 1D2023-2943

Decided: October 30, 2024

Kristine Callagy of Bichler & Longo, PLLC, Maitland, for Appellant. William H. Rogner, Orlando, for Appellees.

Affirmed. See City of Homestead v. Foust, 242 So. 3d 1169, 1171 n.3 (Fla. 1st DCA 2018) (holding that the presumption in section 112.18, Florida Statutes, only applies if a preemployment physical has been completed “upon entry into such service” meaning entry into the same category of service as is entitled to the presumption in the statute); see also City of Tavares v. Harper, 230 So. 3d 918, 920 (Fla. 1st DCA 2017) (“[T]o qualify for the presumption, Claimant was required to show, among other things, that he successfully passed a pre-employment physical examination.”).

Per Curiam.

Roberts, Bilbrey, and Nordby, JJ., concur.

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